Birmingham Post Company v. Christina Brown

TUTTLE, Circuit Judge.

Plaintiff brought this action on December 22, 1952, claiming compensatory and punitive damages on five counts of libel, invasion of the right of privacy, and conspiracy to defame. Defendant moved to dismiss the complaint on the ground, among several others, that there was no diversity of citizenship. 1 This motion was denied without any affidavits or evidence having been taken, and defendant then filed an answer, containing various defenses on the merits, as well as contesting the plaintiff’s alleged residence in Texas. On pretrial hearing, the court set forth in an…